Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010053432026
2026:GAU-AS:4680- DB
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : W.P.(Crl.)/12/2026 MD. RAFIQUL ISLAM S/O- NAZIM UDDIN, RESIDENT OF- VILL.- MALAHUGAON, MORIGAON, P.O.AND P.S.- BHURAGAON DISTRICT- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, JANATA BHAWAN, ( ASSAM SECRETARIAT COMPLEX,) DISPUR, GUWAHATI- 781006 2:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007 3:THE SUPERINTENDENT OF POLICE KARBI ANGLONG DISTRICT ASSAM 4:THE OFFICER IN CHARGE KHATKHATI POLICE STATION KARBI ANGLONG DISTRICT ASSA Advocate for the Petitioner : MR. A R BHUYAN, MR N A MAZARBHUIYA,MR N Z CHOUDHURY Advocate for the Respondent : GA, ASSAM,
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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 01.04.2026 (K.R. Surana, J)
Heard Mr. A. R. Bhuyan, learned counsel for the petitioner. Also heard Ms. R. B. Borah, learned Govt. Advocate for the respondents.
2. Pursuant to the order dated 20.03.2026, the learned counsel for the petitioner has submitted that upon enquiry, he was instructed that the two staff members are no longer in custody. However, he presses this writ petition for the purpose of release of the seized trucks and buffaloes.
3. In view of the report dated 18.03.2026, which was submitted by the learned Govt. Advocate on 20.03.2026, the Court is of the opinion that owing to the contents of the FIR registered, it is quite possible that the seized vehicles and the cattle may be a part of the investigation of Khatkhati PS Case No. 31/2026. Accordingly, without expressing any opinion in this order, the Court is inclined to give liberty to the petitioner to move the Jurisdictional Court i.e., Sub-Divisional Judicial Magistrate (M), Bokajan, Karbi Anglong for the custody of the seized vehicles and the cattle.
4. As the two staff members of the petitioner are no longer in custody, the present habeas corpus petition, having served its purpose, is closed.
JUDGE JUDGE
Comparing Assistant